Articles Tagged with nursing home attorneys

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

best illinois lawyer

Levin & Perconti 2019 Super Lawyers and Rising Stars Selected

Congratulations to Levin & Perconti’s five partners and eight associates selected to the 2019 Illinois Super Lawyers and Rising Stars lists. These honors are reserved for those legal professionals who exhibit excellence in practice. While up to five percent of the lawyers in Illinois are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

2019 Illinois Super Lawyers

residents' rights month

Part 2: Residents’ Rights Month

October is Residents’ Rights Month, an annual event created by advocates to honor residents living in all long-term care facilities. This is an important time for family members and residents to be reminded of the rights anyone living in a nursing home has, protected by the 1987 Nursing Home Reform Law. In a previous blog post, the nursing home abuse and neglect attorneys at Levin & Perconti reviewed the first half of these rights to ensure readers understand residents must be treated with the same rights as those individuals residing in the larger community. Those rights found in a blog post titled Part 1: Residents’ Rights Month, include the 1) right to be fully informed, 2) right to complain, 3) right to participate in one’s own care, and 4) right to privacy and confidentiality. The remaining four residents’ rights outlined in the reform law include:

  1. Rights During Transfers and Discharges

nursing home rights
Part 1: Residents’ Rights Month

The 1987 Nursing Home Reform Law is a federal law requiring nursing homes to “promote and protect the rights of each resident” in support of individual dignity and self-determination. Unfortunately, the law is often violated without repercussion because most seniors (and their family members) are not aware of the legal protections that support an individuals’ rights when residing in a nursing home facility. The month of October has been recognized as a time to address these needs and protections. To show support, the nursing home abuse and neglect attorneys at Levin & Perconti would like to review the first four residents’ legal rights outlined within the 1987 Nursing Home Reform Law in Part 1 of this Residents’ Rights Month blog series.

Four Nursing Home Rights You Need to Know

nursing home abuse

There Are Several Ways to File a Complaint Against an Illinois Nursing Home

With more than 1,200 long-term care facilities serving over 100,000 residents with all types of medical issues, Illinois facilities licensed, regulated and inspected by the Illinois Department of Public Health are open for review and often subject to complaints. Rightful complaints are evaluated under the state’s Nursing Home Care Act. The Department’s 24-hour a day Nursing Home Hotline receives nearly 19,000 calls a year.

IDPH investigates quality of care issues, such as allegations of actual or potential harm to patients, patient rights, infection control, and medication errors. The Department also investigates allegations or harm or potential harm due to an unsafe physical (building) environment. Here is a list of the most common complaints.

national health disparity month

April Is National Health Disparities Month

The National Institutes of Health (NIH) estimates nearly two-thirds of individuals who rely on federal and state funding to support their healthcare and long-term care services have multiple chronic conditions. Most of these conditions impact specific racial and ethnic minority communities who have disproportionately been supported with the appropriate diagnosis and treatment needed to thrive. As April marks an opportunity to call attention to these issues under National Health Disparities Month, it’s an important time to start discussion about the significant problems we have in the United States and right here in Illinois, in relation to at-risk populations who receive Medicare or Medical Assistance to treat chronic diseases. These groups are currently battling greater morbidity, mortality, and disability rates as a result of their long-term care coverage.

According to Centers for Medicare & Medicaid Services (CMS), Medicare and Medical Assistance (Illinois’ name for Medicaid) populations that experience disproportionately high burdens of disease are provided worse quality of care, and barriers to accessing long-term care than others. CMS officials say, “these populations include racial and ethnic minorities, sexual and gender minorities, persons with disabilities, as well as individuals living in rural areas.”

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